Wisdom Mastery Academy Contractual Agreement
The Awaken Path Wisdom Mastery AcademyTM
I am engaging Valerie Bottazii LLC to help me grow in the 9 month Wisdom Mastery Academy of The Awaken Path Training Program (TP) to receive training and coaching. Valerie Bottazzi LLC, 373 Glenridding St., Las Vegas, NV, 89183, will provide high-level group training and coaching to me over a 12-month period.
By clicking “I Agree” and entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, in the program, you (“Client”) are entering into a legally binding agreement with Valerie Bottazzi and Valerie Bottazzi Llc (Coach), according to the following terms and conditions.
WHEREAS, Coach has the capability and capacity to provide certain services and programs for coaching, life coaching, transformation coaching, education, training, and consulting, and
WHEREAS, Client desires to receive certain consulting services from Coach, and Coach desires to provide such services on the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Client and Coach hereby agree as follows:
I understand that by enrolling in the Training Program, I’m making a commitment to myself and to the future of my life. I am willing to take risks, to play full out and to ask for what I need so that I can create the purposeful life I desire.
- No Substitute for Medical Treatment. I agree to be mindful of my own well-being during the Program and seek medical treatment (including, but not limited to psychotherapy), if needed. I acknowledges that Valerie Bottazzi LLC does not provide medical, therapy, or psychotherapy services and that Valerie Bottazzi LLC shall not be responsible for any decisions I make as a result of the coaching and/or any consequences thereof.
- Communication: I agree to communicate responsibly and hold confidential communications that I have with individuals in the program. I agree to take full responsibility for my results in the program. If I have feedback about the program I agree to email ClientCare@TheAwakenPath.com directly because I understand they’ve invested in my success.
- Services. Service I understand Valerie Bottazzi LLC shall provide Training Program the services (the “Services” or the “Program”). The Group program is delivered over the course of 12 months. See Front Annex for components. The Parties agree that the Services to be rendered are in the nature of consulting and education. I agree to cooperate with Valerie Bottazzi LLC in its performance of the Services. I understand that Valerie Bottazzi LLC also provides Private Coaching sessions personally or with trained coaches. I understand sessions are booked on a first come, first serve basis and 48 notice is required if I need to cancel or reschedule. If I cancel with less than 48 hours notice, it will be considered as if the appointment was used. I understand that I will also receive access to the Training in Group Calls along with the library of Resources. A full schedule with dates will be provided upon registration. I understand that I am encouraged to meet with my fellow students and buddies during that time. Also, I understand that Valerie Bottazzi LLC is closed the third week of December through the second week of January and that no calls will be scheduled those weeks.
- Retreats and on-line events. I understand Valerie Bottazzi and her team are committed to providing exceptional value at all retreats and on-line events. I understand participants are required to stay on-site within the Room Block at the events in order to receive the most transformation and community connection from the experience unless there are extenuating circumstances communicated to ClientCare@TheAwakenPath.com at least 30 days prior to the event date. I understand that I am responsible for the cost of lodging and food at the retreats. I understand that I may be required to execute additional waivers in order to participate in live events. I understand that on-line events require my participation in full throughout all of the segments in order to receive the most transformation and community connection from the experience unless there are extenuating circumstances communicated to ClientCare@TheAwakenpath.com at least 30 days prior to the event date.
- Fees and Related Items. The cost of the 12-Month Training Program is broken up into 12 monthly payments plus a deposit (or a one time full pay amount). If I pay in monthly installments, I hereby agree to remit the monthly payments via pre-authorized automatic electronic debit from my bank account or credit card and continuing until payment is made in full. Payments are not refundable for any reason. I understand this is not a membership program and I agree to be responsible for the payment in full.
- Chargebacks and Payment Security. To the extent that I provide Valerie Bottazzi LLC with credit card(s) information for payment for the Services, I hereby authorize Valerie Bottazzi LLC to charge my credit card(s) (collectively, a “Credit Card”) automatically for any unpaid Fees and other charges payable on the dates set forth herein. If I use multiple-payment plan to make payments I authorized Valerie Bottazzi LLC to charge my Credit Card for all such Fees and other charges at the time they are due and shall not require separate authorization in order to do so. I shall not make any chargebacks to Valerie Bottazzi LLC account or cancel the Credit Card without Valerie Bottazzi LLC’s prior written consent. I am responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. I shall not change any of the Credit Card information provided to Valerie Bottazzi LLC without notifying in advance in writing.
- Late Payments. All late payments of Fees shall bear interest at the lesser of the rate of ten percent (10%) per annum or the highest rate permissible under Nevada law, calculated daily and compounded monthly. I shall also reimburse Valerie Bottazzi LLC for all reasonable costs incurred in collecting any late payments, including, without limitation, attorneys’ fees. In addition to all other remedies available under this Agreement or at law (which Valerie Bottazzi LLC does not waive by the exercise of any rights hereunder), Valerie Bottazzi LLC shall be entitled to suspend the provision of any Services if I fail to pay any amounts/fees when due hereunder. If, after 30 days, I still have not made the late payment, Valerie Bottazzi LLC may terminate further services until I am caught up with the payments. I will be responsible for the remaining balance owed to Valerie Bottazzi LLC for the coaching program offered by Valerie Bottazzi LLC regardless of any termination services attributable to late payments or other cause.
- Confidentiality. I acknowledge and understand that the methods, processes and strategies taught and the coaching material embodying them, constitute Valerie Bottazzi LLC Proprietary System which is confidential, and for which Valerie Bottazzi LLC claims copyright and trade secret protection.
Further, to the extent I participate in group-coaching programs or interact with other clients of The Program, I agree that information received about other clients shall be considered Confidential Information and not to be disclosed by me without the prior written consent of the disclosing party.
If Valerie Bottazzi LLC is required by applicable law or legal process to disclose any Confidential Information, it shall, prior to making such disclosure, use commercially reasonable efforts to notify Disclosing Party of such requirements to afford Disclosing Party the opportunity to seek, at Disclosing Party’s sole cost and expense, a protective order or other remedy. For purposes of this Section only, Receiving Party’s Group shall mean the Receiving Party’s affiliates and its or their employees, officers, members, managers, agents, service providers, sublicensees, subcontractors, attorneys, accountants, and financial advisors.
- Limited Warranty and Limitation of Liability.
- Valerie Bottazzi LLC warrants that it shall perform the Services:
- In accordance with the terms and subject to the conditions set forth in the respective Statement of Work and this Agreement.
- Using personnel of commercially reasonable skill, experience, and qualifications.
- In a timely, workmanlike, and professional manner in accordance with generally recognized industry standards for similar services.
8. Breach of Warranty: Service Provider’s sole and exclusive liability and Client’s sole and exclusive remedy for breach of this warranty shall be as follows:
- Service Provider shall use reasonable commercial efforts to promptly cure any such breach; provided, that if Service Provider cannot cure such breach within a reasonable time (but no more than 30 days) after Client’s written notice of such breach, Client may, at its option, terminate the Agreement by serving written notice of termination in accordance with Section 2.
- In the event the Agreement is terminated pursuant to Section 7.2(a) above, Service Provider shall within 30 days after the effective date of termination, refund to Client any fees paid by the Client as of the date of termination for the Service or Deliverables (as defined in Section 4 below), less a deduction equal to the fees for receipt or use of such Deliverables or Service up to and including the date of termination on a prorated basis.
- The foregoing remedy shall not be available unless Client provides written notice of such breach within 30 days after delivery of such Service or Deliverable to Client.
9. VALERIE BOTTAZZI LLC MAKES NO WARRANTIES EXCEPT FOR THAT PROVIDED IN SECTION
3.1, ABOVE. ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING ANY OF THE FOREGOING, Service Provider and its affiliates HEREBY disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose.
- I understand that the cost of the Training Program is an investment in myself and as with any investment there is both potential for a great return on my investment, and a risk there is no return on this investment. Valerie Bottazzi LLC can guarantee, however, that I will have the opportunity to learn a lot of usable and translatable strategies and tools for success that, when followed by others, have achieved life-changing results.
10. Intellectual Property. All intellectual property rights, including copyrights, patents, patent disclosures, and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how, and other confidential information, trade dress, trade names, logos, corporate names, and domain names, together with all of the goodwill associated therewith, derivative works, and all other rights (collectively, “Intellectual Property Rights“) in and to all documents, work product, and other materials that are delivered to me under this Agreement or prepared by or on behalf of the Service Provider in the course of performing the Services, including any items identified as such in the Statement of Work (collectively, the “Deliverables“) except for any Confidential Information of Client or Client materials shall be owned by Valerie Bottazzi LLC. Valerie Bottazzi LLC hereby grants me a license to use all Intellectual Property Rights in the Deliverables free of additional charge and on a non-exclusive, worldwide, non-transferable, non-sublicenseable, fully paid-up, royalty-free, and perpetual basis to the extent necessary to enable me to make reasonable use of the Deliverables and the Services, provided, that, I shall not be authorized to share, copy distribute, or otherwise disseminate any of the Deliverables electronically or otherwise without the prior written consent of Valerie Bottazzi LLC. I agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any of the Deliverables, any use of the Program, or any access to the Program. This Agreement is not transferrable or assignable by Valerie Bottazzi LLC without Valerie Bottazzi LLC’s prior written consent.
11. Course Rules and Content. To the extent that I interact with Valerie Bottazzi LLC’s staff and/or other clients of Valerie Bottazzi LLC, I agree to at all times behave professionally, courteously, and respectfully with staff and clients. To the extent that I attend Valerie Bottazzi LLC’s seminars/workshops, I shall not mass-distribute marketing materials to, or mass-solicit other attendees of Valerie Bottazzi LLC’s seminars. I agree to abide by any course rules/regulations presented by Valerie Bottazzi LLC. The failure to abide by course rules shall be cause for termination of this Agreement. In the event of such termination, I shall not be entitled to recoup any amounts paid and shall remain responsible for all outstanding amounts of the Fees and other charges hereunder.
I understand and acknowledge that the program and information (except for individual coaching) is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. All materials, procedures, policies, tools and standards, all teaching manuals, all teaching aids, all supplements and the like that have been or will be made available by Valerie Bottazzi LLC in connection with The Program, whether oral or written, are for my personal use only in, or in conjunction with, The Program.
The program content is for personal use only, and may not be sold, recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of Valerie Bottazzi LLC or its designed agent.
The information contained in the program material is strictly for educations purposes. Therefore, if I wish to apply ideas contained in this material, I am taking full responsibility for my actions.
Valerie Bottazzi LLC assumes no responsibility for errors or omissions that may appear in any program materials. I will not share access to the program materials with any third parties, nor will my user name and password be shared with any third parties. I understand and agree that any violation of Valerie Bottazzi LLC’s policies regarding Course Rules and Content shall result in the immediate termination of my enrollment without refund.
- No Substitute for Medical Treatment. Client agrees to be mindful of his/her own well-being during the Program and seek medical treatment (including, but not limited to psychotherapy), if needed. Client acknowledges that Valerie Bottazzi LLC does not provide medical, therapy, or psychotherapy services and that Valerie Bottazzi LLC shall not be responsible for any decisions made by Client as a result of the coaching and/or any consequences thereof.
- Term, Termination, and Survival.
- This Agreement shall commence as of the Effective Date and shall continue thereafter until the completion of the Services under all Statements of Work (the “Term”), unless sooner terminated pursuant to Section 13.2 or Section 13.3.
- I understand that either Party may terminate this Agreement, effective upon written notice to the other Party if the other Party breaches this Agreement. In the event that Valerie Bottazzi LLC terminates the Agreement under this Section 13.2, all remaining amounts of all Fees and other payment obligations hereunder shall become immediately due and payable and I shall not be entitled to recoup any amounts paid hereunder;
- Notwithstanding anything to the contrary in Section 13.2, Valerie Bottazzi LLC may terminate this Agreement before the expiration of the Term on written notice if I fail to pay any amount when due hereunder: (a) and such failure continues for sixty (30) days after I have received written notice of nonpayment; or (b) more than two (2) times during the Term. Further, in the event that I fail to pay any amount when due hereunder, Valerie Bottazzi LLC reserves the right to cease providing further services to me until I pay all amounts then due and outstanding. In the event that I terminate the Agreement under this Section 13.3, all remaining amounts of all Fees and other payment obligations hereunder shall become immediately due and payable and I shall not be entitled to recoup any amounts paid hereunder;
- The rights and obligations of the parties set forth in this Section 13 and in Sections 8, 9, 13, 15, 21, and 22, and any right or obligation of the parties in this Agreement which, by its nature, should survive termination or expiration of this Agreement, will survive any such termination or expiration of this Agreement.
- Limitation of Liability.
- EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, I HEREBY release VALERIE BOTTAZZI LLC and its managers, members, employees, agents, affiliates, and successors from any and all damages OR OTHER LIABILITIES that may result from, or arise out of, this Agreement, to the fullest extent permitted by law. In the event that, notwithstanding the foregoing, Service Provider is deemed to be liable to Client, SERVICE PROVIDER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE LESSER OF (A) THE TOTAL FEES CLIENT PAID TO SERVICE PROVIDER IN THE ONE (1) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE THOUSAND DOLLARS ($1,000).
- I ASSUME ANY AND ALL RISKS OF DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT AND THE SERVICES PROVIDED HEREUNDER. VALERIE BOTTAZZI LLC SHALL NOT BE LIABLE FOR LOSS OR DAMAGE TO ME OR ANY PROPERTY OF MINE EXCEPT AS EXPRESSLY SET FORTH HEREIN.
- IN NO EVENT SHALL VALERIE BOTTAZZI LLC BE LIABLE TO ME OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
- I acknowledge and agree that I am fully responsible for my progress and results from the Program. I acknowledge and agree that I am the one vital element to the Program’s success and that Valerie Bottazzi LLC cannot control me and/or my participation. I commit to accepting assignments/exercises/sessions presented by Valerie Bottazzi LLC and, to the extent that assignments/exercises/sessions require group participation, participating fully for the benefit of all members. If I am unwilling/unable to participate in exercises/assignments/sessions in good faith, this Agreement may be terminated at Valerie Bottazzi LLC’s option without recourse or refund of any kind to me. Valerie Bottazzi LLC makes no representations, warranties, or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. I acknowledge and agree that, because of the nature of Valerie Bottazzi LLC’s services and extent of its clients’ participation in Valerie Bottazzi LLC’s exercise(s)/recommendation(s), the results experienced by clients significantly vary. I acknowledge and accept responsibility for such variance.
- Indemnification. I shall defend, indemnify, and hold harmless Valerie Bottazzi LLC and its managers, members, employees, affiliates, and successors from and against any and all claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, costs and disbursements (collectively, the “Claims”) arising out of or relating to the Services or this Agreement, excluding, however, any such Claims which may result from a breach of this Agreement by Valerie Bottazzi LLC or the sole negligence or willful misconduct of Valerie Bottazzi LLC, or any of its managers, members, employees, affiliates, or successors.
- Entire Agreement. This Agreement, including and together with any related Statements of Work, exhibits, schedules, attachments, and appendices, constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. The parties acknowledge and agree that if there is any conflict between the terms and conditions of this Agreement and the terms and conditions of any Statement of Work, the terms and conditions of this Agreement shall supersede and control.
- Notices. All notices, requests, consents, claims, demands, waivers, and other communications under this Agreement (each, a “Notice“, and with the correlative meaning “Notify“) must be in writing and addressed to the other Party at its physical address or email address set forth in this Agreement (or to such other address that the receiving Party may designate from time to time in accordance with this Section). Unless otherwise agreed herein, all Notices must be delivered by personal delivery, nationally recognized overnight courier, certified or registered mail (in each case, return receipt requested, postage prepaid), or by email (with confirmation of transmission by the receiving party). Except as otherwise provided in this Agreement, a Notice is effective only (a) on receipt by the receiving Party; and (b) if the Party giving the Notice has complied with the requirements of this Section 13.
- Severability. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
- Amendments. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each Party.
- Waiver. No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
- Assignment. Neither of the Parties shall assign, transfer, delegate, or subcontract any of its rights or delegate any of its obligations under this Agreement without the prior written consent of the other Party. Any purported assignment or delegation in violation of this Section 21 shall be null and void.
- Successors and Assigns. This Agreement is binding on and inures to the benefit of the Parties to this Agreement and their respective permitted successors and permitted assigns.
- Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
- No Third-Party Beneficiaries. This Agreement benefits solely the Parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other Person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.
- Choice of Law. This Agreement and all related documents including all exhibits attached hereto, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of Nevada, United States of America, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Nevada.
- Choice of Forum. Each Party irrevocably and unconditionally agrees that it will not commence any action, litigation, or proceeding of any kind whatsoever against the other Party in any way arising from or relating to this Agreement, including all exhibits, schedules, attachments, and appendices attached to this Agreement, and all contemplated transactions, including, but not limited to, contract, equity, tort, fraud, and statutory claims, in any forum other than the US District Court for the District of Nevada or, the courts of the State of Nevada sitting in Clark County, and any appellate court from any thereof. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts and agrees to bring any such action, litigation, or proceeding only in the US District Court for the District of Nevada or the courts of the State of Nevada sitting in Clark County. Each Party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
- Counterparts. This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. Notwithstanding anything to the contrary in Section 17, a signed copy of this Agreement delivered by facsimile, email, or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy of this Agreement.
- Wisdom Mastery Academy Virtual Library & Video Training Access
- 2 Live or OnLine Intensive Multi-Day Events a year with Valerie Shakti Bottazzi & Guest Speaker
- Certification of completion: Crystalline Soma Healing Method Level I and/or II (if requirements are met)
- 2 Training Classes Monthly, via livestream video (and recordings, if you can’t make it live)
- 1 Office Hours Call, via livestream video
- Exclusive Access To The Wisdom Mastery Academy Community Portal For 24/7, 365 Day Support
- All our Forms, Templates & Follow-the-Steps Worksheets, Meditations, & Video training
- Soulful accountability partners for your journey
- Body of Work Healing & Training learning modules
- Frameable Certificate As A “Crystalline Soma Healing Practitioner Level I or II” (If requirements are met.)
Bonus 1: 2 individual 1 on 1 coaching session with Coaching Team